San Jose cops suspended for misconduct may now be allowed to serve their suspension while still on duty, drawing concerns from the city's police watchdog and criminal justice experts.
Under the most recent labor contract between the city and police union, officers facing a suspension for violating a department policy or city ethics code may now be ordered back to work while taking a pay cut for a period of time.
"If the department claims to take misconduct seriously, there are supposed to be consequences," Nurre said. "If they water down the consequences, I have a concern." Officers are also able to negotiate a settlement with the city to serve a reduced number of suspension hours, with the remainder held off unless the officer commits the same misconduct again within a defined timeframe, usually a few years, officials said.
Tom Saggau, a police union spokesperson, said he thinks the change isn't a big deal, as a suspended officer still faces the punishment of an equivalent loss in earnings. Schembri agreed the key punishment of a suspension is a reduction in pay. She also noted city investigations and an officer's due process rights typically mean they return to work after a violation, even under a standard suspension.
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